LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 3, 2001
  
  
          TO:  Honorable Royce West, Chair, Senate Committee on
               Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB239  by Wentworth (Relating to a defense to proceeding
               with an adjudication of guilt or to a revocation of
               community supervision.), As Introduced
  
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*  No significant fiscal implication to the State is anticipated.        *
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Local Government Impact
  
In a court hearing to revoke community supervision or to proceed from
deferred adjudication to an adjudication of guilt, the bill would allow
as an affirmative defense that the state failed to exercise due diligence
to apprehend the defendant and determine an alleged violation of
community supervision within a reasonable period of time.  The defendant
must prove the failure by a preponderance of the evidence.  The bill
would take effect immediately if it receives a vote of two-thirds of all
members in each house, if not, the bill would take effect September 1,
2001.

Information for determining the local fiscal impact was obtained from the
Texas Probation Association and the Texas Department of Criminal
Justice.  Although the bill may affect the number of offenders continued
on community supervision or sentenced to incarceration, savings or
additional costs would vary by jurisdiction depending on local
sentencing practices.
  
  
Source Agencies:   213   Office of the State Prosecuting Attorney, 696
                   Texas Department of Criminal Justice
LBB Staff:         JK, TB, VS, DB, RK